Post-Grant Oppositions, ¶ IV Certifications, and Sanctions in ANDA Litigation
by Ken Burchfiel • January 17, 2012 • Estoppel, Hatch-Waxman litigation, Paragraph IV
The post-grant opposition proceedings created by the America Invents Act, used in parallel with ANDA litigation, will alter the strategies of ¶ IV practice under the Hatch-Waxman Act. The use of USPTO post-grant proceedings in conjunction with ¶ IV certifications may provide collateral benefits to the ANDA applicant, apart from a direct challenge to patentability [...]
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